Results for ' concept of “law” in scientific ‐ rather than the legal, sense'

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  1.  36
    Scientific Challenges to Common Sense Philosophy.Rik Peels, Jeroen de Ridder & René van Woudenberg (eds.) - 2020 - New York: Routledge.
    Common sense philosophy holds that widely and deeply held beliefs are justified in the absence of defeaters. While this tradition has always had its philosophical detractors who have defended various forms of skepticism or have sought to develop rival epistemological views, recent advances in several scientific disciplines claim to have debunked the reliability of the faculties that produce our common sense beliefs. At the same time, however, it seems reasonable that we cannot do without common sense (...)
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  2.  48
    Scottish common sense and nineteenth-century american law: A critical appraisal.John Mikhail - 2008
    In her insightful and stimulating article, The Mind of a Moral Agent, Professor Susanna Blumenthal traces the influence of Scottish Common Sense philosophy on early American law. Among other things, Blumenthal argues that the basic model of moral agency upon which early American jurists relied, which drew heavily from Common Sense philosophers like Thomas Reid, generated certain paradoxical conclusions about legal responsibility that later generations were forced to confront. "Having cast their lot with the Common Sense philosophers (...)
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  3.  97
    (1 other version)Sense and consciousness.John Campbell - 1986 - In Abraham Zvie Bar-On, Grazer Philosophische Studien. Distributed in the U.S.A. By Humanities Press. pp. 195-211.
    On a classical conception, knowing the sense of a proposition is knowing its truth-condition, rather than simply knowing how to verify the proposition, or how to find its implications (whether deductive implications or implications for action). But knowing the truth-condition of a proposition is not unrelated to your use of particular methods for verifying the proposition, or finding its implications. Rather, your knowledge of the truth-condition of the proposition has to justify the use of particular methods (...)
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  4.  97
    Common sense and skepticism: a lecture.Lehrer Keith - 2017 - Synthese 194 (5).
    This is an essay on G. E. Moore’s argument in defense of common sense against David Hume’s theory. However, the burden of essay is to show that, though Moore derived has argument from Thomas Reid, it was the latter who noted that the defense of common sense required more than showing that Hume’s theory conflicted with common sense. It required supplying a better theory than that of Hume’s of the operations of the human mind, and (...)
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  5.  29
    Legal Interpretation and Scientific Knowledge.David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.) - 2019 - Springer Verlag.
    This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the (...)
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  6.  14
    Science, Reason, and Scepticism.Stephen Law - 2015 - In Andrew Copson & A. C. Grayling, The Wiley Blackwell Handbook of Humanism. Chichester, West Sussex, UK: Wiley-Blackwell. pp. 55–71.
    Humanists expound the virtues of science and reason. Emphasis is placed on formulating theories and predictions with clarity and precision, focusing wherever possible on phenomena that are mathematically quantifiable and can be objectively and precisely measured. Science and reason offer us truth‐sensitive ways of arriving at beliefs. As a result of scientific investigation, many religious claims, or claims endorsed by religion, have been shown to be false, or at least rather less well founded than previously thought. So (...)
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  7.  41
    Impassable scientific, ethical and legal barriers to body‐to‐head transplantation.Ruipeng Lei & Renzong Qiu - 2019 - Bioethics 34 (2):172-182.
    This article consists of four parts. In the first part it briefly describes the history of body‐to‐head transplantation (BHT) and the surgical plan proposed by Drs. Sergio Canavero and Ren Xiaoping on a human subject. In the second part it argues that the BHT procedure that they propose is scientifically invalid and technically infeasible so therefore would end in failure. In the third part it argues that the present conceivable procedure of BHT cannot be ethically justified because it would bring (...)
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  8.  15
    Common Sense und Politik. Die Bedeutung des gesunden Menschenverstandes für die politische Urteilskraft bei Kant.Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden - 2008 - In Margit Ruffing, Guido A. De Almeida, Ricardo R. Terra & Valerio Rohden, Law and Peace in Kant's Philosophy/Recht und Frieden in der Philosophie Kants: Proceedings of the 10th International Kant Congress/Akten des X. Internationalen Kant-Kongresses. Walter de Gruyter.
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  9. Scientific Law Versus Historical Generalization. An Attempt at an Explication.Jan Such - 2009 - Poznan Studies in the Philosophy of the Sciences and the Humanities 97 (1):337-350.
  10. Scientific Realism and Basic Common Sense.Howard Sankey - 2014 - Kairos. Revista de Filosofia and Ciência 10:11-24.
    This paper considers the relationship between science and common sense. It takes as its point of departure, Eddington’s distinction between the table of physics and the table of common sense, as well as Eddington’s suggestion that science shows common sense to be false. Against the suggestion that science shows common sense to be false, it is argued that there is a form of common sense, basic common sense, which is not typically overthrown by (...) research. Such basic common sense is strongly confirmed by our everyday experience and may itself serve as the basic for scientific realism. (shrink)
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  11.  36
    (1 other version)Philosophical Consciousness, Scientific Consciousness, and Moral Reason.T'ang Chün-I. - 1974 - Contemporary Chinese Thought 5 (4):72-109.
    We may have different ways of defining the nature of philosophy. One view would take philosophy to be a system of knowledge just like science; only it is a more comprehensive system that includes all science, or rather, it is a synthetic system of knowledge. Another view would take philosophy to be just a reflective and critical attitude. It purports to reflect on methods, postulates, axioms, and fundamental concepts that science relies on to build its knowledge in order to (...)
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  12.  80
    Scientific method and social science.Joseph Mayer - 1934 - Philosophy of Science 1 (3):338-350.
    If there is an essential difference as suggested in a preceding article, between the natural sciences on the one hand and the social studies on the other, in the sense that man has the power to change, and has repeatedly changed, existing social organizations, whereas he has no such power over natural phenomena, the meaning of social science must in this respect at least differ substantially from that of natural science. Elsewhere the present writer has designated society an “artificial (...)
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  13. Margaret MacDonald’s scientific common-sense philosophy.Justin Vlasits - 2022 - British Journal for the History of Philosophy 30 (2):267-287.
    Margaret MacDonald (1907–56) was a central figure in the history of early analytic philosophy in Britain due to both her editorial work as well as her own writings. While her later work on aesthetics and political philosophy has recently received attention, her early writings in the 1930s present a coherent and, for its time, strikingly original blend of common-sense and scientific philosophy. In these papers, MacDonald tackles the central problems of philosophy of her day: verification, the problem of (...)
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  14.  9
    Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism.Naomi Norberg (ed.) - 2002 - Cambridge University Press.
    As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be applied to concepts such as human rights for European citizens in the new world order. In this book the author argues for a rule of law that is common in every sense of the word: accessible to all rather than reserved exclusively (...)
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  15. Making law bind : legal normativity as a dynamic concept.Sylvie Delacroix - 2011 - In Maksymilian Del Mar, New waves in philosophy of law. New York: Palgrave MacMillan.
     
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  16. Objects, Causation, and Scientific Realism.Martin Schmidt - 2010 - Filozofia 65 (7):643-651.
    There is a growing pessimism about objects based on the view that objects are mysterious unobservables. According to this line of thought objects can disturb our senses or measuring devices only indirectly, via properties or relations – only properties or relations are observables, not the objects per se. As a result, inaccessible objects open a gap between science and reality and scientific realism is lost. Defenders of objects may respond that the scope of this reasoning is rather limited, (...)
     
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  17.  12
    Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism.Mireille Delmas-Marty - 2007 - Cambridge University Press.
    As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates an urgent need to reconstruct the national and international legal landscapes. She argues that legal reasoning can be applied to concepts such as human rights for European citizens in the new world order. The book will be of interest to all comparative European lawyers, and to social scientists and legal theorists grappling with contemporary issues in legal pluralism and globalization.
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  18.  94
    Scientific laws and scientific explanations: A differentiated typology.Igor Hanzel - 2008 - Organon F: Medzinárodný Časopis Pre Analytickú Filozofiu 15 (3):323-344.
    The paper tries to provide an alternative to C. G. Hempel’s approach to scientific laws and scientific explanation as given in his D-N model. It starts with a brief exposition of the main characteristics of Hempel’s approach to deductive explanations based on universal scientific laws and analyzes the problems and paradoxes inherent in this approach. By way of solution, it analyzes the scientific laws and explanations in classical mechanics and then reconstructs the corresponding models of explanation, (...)
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  19.  53
    Multiplying senses.Jonathan Sutton - manuscript
    My aim is to motivate and develop a view of what senses are. Senses, as I conceive of them, avoid a number of the problems that plague a broadly Fregean approach to the semantics of belief ascriptions, as I hope to show. The chief innovation of my view that enables these solutions is that beliefs are taken to have multiple, truth-conditionally equivalent contents. In traditional Fregean terminology, a belief does not involve a relation to a single thought, but to many (...)
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  20. Scientific representation and nominalism: an empiricist view.Otávio Bueno - 2008 - Principia: An International Journal of Epistemology 12 (2):177-192.
    Can a constructive empiricist make sense of scientific representation? Usually, a scientific model is an abstract entity, and scientific representation is conceptualized as an intentional relation between scientific models and certain aspects of the world. On this conception, since both the models and the representation relation are abstract, a constructive empiricist, who is not committed to the existence of abstract entities, would be unable to invoke these notions to make sense of scientific representation. (...)
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  21.  22
    Scientific Certitude.Stephen Braude - 2020 - Journal of Scientific Exploration 34 (4).
    I’ve been both fascinated and distressed by the arguments raging over how best to respond to the covid-19 pandemic. In particular, I’ve been struck by the way people claim scientific authority for their confident assurances of what needs to be done. And I’m especially intrigued by the scorn they often lavish on those who hold differing views on what science is telling us. The heat generated by the resulting debates is strikingly similar to the heat generated by debates over (...)
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  22.  17
    Does it matter whether a miracle-like event happens to oneself rather than to someone else?J. Chandler & V. Harrison - 2012 - In Jake Chandler & Victoria S. Harrison, Probability in the Philosophy of Religion. Oxford, GB: Oxford University Press. pp. 64-78.
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  23. What Counts as Scientific Data? A Relational Framework.Sabina Leonelli - 2015 - Philosophy of Science 82 (5):810-821.
    This paper proposes an account of scientific data that makes sense of recent debates on data-driven and ‘big data’ research, while also building on the history of data production and use particularly within biology. In this view, ‘data’ is a relational category applied to research outputs that are taken, at specific moments of inquiry, to provide evidence for knowledge claims of interest to the researchers involved. They do not have truth-value in and of themselves, nor can they be (...)
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  24. Randomness and Mathematical Proof.Scientific American - unknown
    Almost everyone has an intuitive notion of what a random number is. For example, consider these two series of binary digits: 01010101010101010101 01101100110111100010 The first is obviously constructed according to a simple rule; it consists of the number 01 repeated ten times. If one were asked to speculate on how the series might continue, one could predict with considerable confidence that the next two digits would be 0 and 1. Inspection of the second series of digits yields no such comprehensive (...)
     
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  25.  92
    Common Sense and Relativistic Supercoincidence.Yuri Balashov - 2020 - In Rik Peels, Jeroen de Ridder & René van Woudenberg, Scientific Challenges to Common Sense Philosophy. New York: Routledge.
    Debates about material coincidence tend to start with common-sense intuitions but quickly leave them behind and lead to highly problematic conclusions. Reconciling the latter with common sense is the next stage in the process, which often requires revision of some of the initial beliefs and has been used to adjudicate many rather abstract and technical proposals in the metaphysics of composition and persistence, ranging from natural (constitutionalism) to radical (nihilism). -/- I have no disagreement with this overall (...)
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  26. Scientific understanding.Peter Kosso - 2006 - Foundations of Science 12 (2):173-188.
    Knowledge of many facts does not amount to understanding unless one also has a sense of how the facts fit together. This aspect of coherence among scientific observations and theories is usually overlooked in summaries of scientific method, since the emphasis is on justification and verification rather than on understanding. I argue that the inter-theoretic coherence, as the hallmark of understanding, is an essential and informative component of any accurate description of science.
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  27. Common-sense and scientific psychology.Matthew Nudds - 2001 - Croatian Journal of Philosophy 1 (2):171-180.
    In this paper I discuss the circumstances in which it would be right to revise a common-sense psychological categorisation -- such as the common-sense categorisation of emotions -- in the light of the results of empirical investigation. I argue that an answer to that question, familiar from eliminitivist arguments, should be rejected, and suggest that the issue turns on the ontological commitments of the explanations that common-sense psychological states enter into.
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  28.  71
    Descartes on Life and Sense.Ann Wilbur MacKenzie - 1989 - Canadian Journal of Philosophy 19 (2):163 - 192.
    My aim … is to show that the celestial machine is likened not to a kind of divine living being but rather to a clockwork. I consider the human body to be a machine … Although it may exaggerate to say that Descartes fathered the mechanization of biology, it is true that his Treatise of Man provided the first systematic development of the idea that a complete understanding of all the phenomena of life, including all abilities and behaviour of (...)
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  29.  65
    Cognition‐Enhanced Machine Learning for Better Predictions with Limited Data.Florian Sense, Ryan Wood, Michael G. Collins, Joshua Fiechter, Aihua Wood, Michael Krusmark, Tiffany Jastrzembski & Christopher W. Myers - 2022 - Topics in Cognitive Science 14 (4):739-755.
    The fields of machine learning (ML) and cognitive science have developed complementary approaches to computationally modeling human behavior. ML's primary concern is maximizing prediction accuracy; cognitive science's primary concern is explaining the underlying mechanisms. Cross-talk between these disciplines is limited, likely because the tasks and goals usually differ. The domain of e-learning and knowledge acquisition constitutes a fruitful intersection for the two fields’ methodologies to be integrated because accurately tracking learning and forgetting over time and predicting future performance based on (...)
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  30.  32
    Social Scientific Knowledge about Knowledge and Information.Nico Stehr - 2023 - Epistemology and Philosophy of Science 60 (3):131-170.
    Knowledge does not exist as an isolated “piece” of knowledge. Knowledge exists in an aggregated collective state. I define knowledge as a capacity for social action and as a model for reality, as the possibility to set “something in motion”, for example, to solve a task, to produce a material object such as a semiconductor chip or to be competent to prevent something from occurring, for example, the onset of an illness. In this sense, knowledge is a universal human (...)
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  31.  36
    Scientific Classics and Their Fates.Ernan McMullin - 1994 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1994:266 - 274.
    If classics of science were to be defined as works that mark scientific revolutions, in the sense of sharp shifts in research tradition, then none of the three works discussed in our symposium quite qualifies. I briefly indicate the fate of each. While impressed by his argument, I express some reservations about Lennox's claim to have dissolved the "problem of demonstration" for Aristotle's De Partibus Animalium. I question Finocchiaro's challenging assertion that in structuring the Dialogo as he did, (...)
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  32.  59
    ‘Philosophical’ and ‘scientificsense-data.J. R. Smythies - 1958 - British Journal for the Philosophy of Science 9 (November):224.
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  33. Legal concepts and terminography : Analysis and application.Girolamo Tessuto - 2008 - In V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori, Language, culture and the law: the formulation of legal concepts across systems and cultures. New York: Peter Lang.
     
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  34.  60
    Storytelling agents: why narrative rather than mental time travel is fundamental.Rosa Hardt - 2018 - Phenomenology and the Cognitive Sciences 17 (3):535-554.
    I propose that we can explain the contribution of mental time travel to agency through understanding it as a specific instance of our more general capacity for narrative understanding. Narrative understanding involves the experience of a pre-reflective and embodied sense of self, which co-emerges with our emotional involvement with a sequence of events. Narrative understanding of a sequence of events also requires a ‘recombinable system’, that is, the ability to combine parts to make myriad sequences. Mental time travel shares (...)
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  35. Non-Humean Laws and Scientific Practice.Robert Smithson - 2020 - Erkenntnis 87 (6):2871-2895.
    Laws of nature have various roles in scientific practice. It is widely agreed that an adequate theory of lawhood ought to align with the roles that scientists assign to the laws. But philosophers disagree over whether Humean laws or non-Humean laws are better at filling these roles. In this paper, I provide an argument for settling this dispute. I consider possible situations in which scientists receive conclusive evidence that—according to the non-Humean—falsifies their beliefs about the laws, but which—according to (...)
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  36. Scientific Collaboration: Do Two Heads Need to Be More than Twice Better than One?Thomas Boyer-Kassem & Cyrille Imbert - 2015 - Philosophy of Science 82 (4):667-688.
    Epistemic accounts of scientific collaboration usually assume that, one way or another, two heads really are more than twice better than one. We show that this hypothesis is unduly strong. We present a deliberately crude model with unfavorable hypotheses. We show that, even then, when the priority rule is applied, large differences in successfulness can emerge from small differences in efficiency, with sometimes increasing marginal returns. We emphasize that success is sensitive to the structure of competing communities. (...)
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  37.  41
    Scientific Rationality: Phlogiston as a Case Study.Jonathon Hricko - 2016 - In Timothy Joseph Lane & Tzu-Wei Hung, Rationality: Constraints and Contexts. London, U.K.: Elsevier Academic Press. pp. 37-59.
    I argue that it was rational for chemists to eliminate phlogiston, but that it also would have been rational for them to retain it. I do so on the grounds that a number of prominent phlogiston theorists identified phlogiston with hydrogen in the late 18th century, and this identification became fairly well entrenched by the early 19th century. In light of this identification, I critically evaluate Hasok Chang’s argument that chemists should have retained phlogiston, and that doing so would have (...)
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  38.  41
    Common Sense Rhetorical Theory, Pluralism, and Protestant Natural Law.Rosaleen Keefe - 2013 - Journal of Scottish Philosophy 11 (2):213-228.
    This paper offers re-assessment of Scottish Common Sense rhetoric and its relationship to pluralist practice and philosophical method. It argues that the rhetorical texts of George Campbell, Hugh Blair, and Alexander Bain can be read as a practical application of Scottish Common Sense philosophy. This offers a novel means of examining the relationship that Scottish rhetoric has to the philosophy of David Hume and also its own innovative philosophy of language. Finally, I argue that Scottish rhetoric makes a (...)
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  39.  28
    Common Sense Concepts.James McGilvray - 2003 - Croatian Journal of Philosophy 3 (3):275-288.
    Descartes was right: commonsense concepts are acquired, not learned; scientific concepts are learned, not acquired.
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  40. Scientific realism and some Russia.Uskali Mäki - 2011 - In Kahla Elina, Between Utopia and Apocalypse: Essays on Social Theory and Russia. Aleksanteri Institute.
    Realism and Russia? Realism is a notion with multiple meanings, so options abound as to how the two might connect with one another. An old Russian proverb conveys a realist message about social properties: "An individual in Rssia was composed of three parts: a body, a soul, and a passport." (Ruben 1985, 83) Having a passport signals the possession of a complex set of social properties, and if these are taken to be real in some appropriate sense, one is (...)
     
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  41. Common sense about qualities and senses.Peter W. Ross - 2008 - Philosophical Studies 138 (3):299 - 316.
    There has been some recent optimism that addressing the question of how we distinguish sensory modalities will help us consider whether there are limits on a scientific understanding of perceptual states. For example, Block has suggested that the way we distinguish sensory modalities indicates that perceptual states have qualia which at least resist scientific characterization. At another extreme, Keeley argues that our common-sense way of distinguishing the senses in terms of qualitative properties is misguided, and offers a (...)
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  42. Scientific Progress: Beyond Foundationalism and Coherentism.Hasok Chang - 2007 - Royal Institute of Philosophy Supplement 61:1-20.
    Scientific progress remains one of the most significant issues in the philosophy of science today. This is not only because of the intrinsic importance of the topic, but also because of its immense difficulty. In what sense exactly does science makes progress, and how is it that scientists are apparently able to achieve it better than people in other realms of human intellectual endeavour? Neither philosophers nor scientists themselves have been able to answer these questions to general (...)
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  43.  23
    Benchmarking Scientific Image Forgery Detectors.João P. Cardenuto & Anderson Rocha - 2022 - Science and Engineering Ethics 28 (4):1-38.
    The field of scientific image integrity presents a challenging research bottleneck given the lack of available datasets to design and evaluate forensic techniques. The sensitivity of data also creates a legal hurdle that restricts the use of real-world cases to build any accessible forensic benchmark. In light of this, there is no comprehensive understanding on the limitations and capabilities of automatic image analysis tools for scientific images, which might create a false sense of data integrity. To mitigate (...)
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  44.  6
    Access to Property and Citizenship.I. Law is A. Question Larger & Than Law - 2012 - In Brian Z. Tamanaha, Caroline Sage & Michael J. V. Woolcock, Legal pluralism and development: scholars and practitioners in dialogue. New York: Cambridge University Press.
  45.  26
    Pseudo-scientific economic doctrine.Joseph Mayer - 1936 - Philosophy of Science 3 (3):334-359.
    As a concrete extension of analyses of scientific method and social study already undertaken in the pages of this journal and elsewhere, the present article will endeavor to clarify certain long-standing preconceptions in classical and neo-classical economic doctrine which still persist and which, in the light of 20th century methodology, can be given no other label than that of pseudo-scientific. These preconceptions revolve primarily about the ideas of “value,” “cost,” “utility,” and “price,” which ideas have suffered little (...)
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  46.  15
    AGM & Members Lunch.Maria Mitchell, Trish Townsend, Rachel Bird, Andrew Freer K. J. B. Law, Jim Gralton, John Bundock Legal Aid, Walter Hawkins, Andrew Fleming, Andrew Jory & Peter Woulfe - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  47.  26
    Primary students’ scientific reasoning and discourse during cooperative inquiry-based science activities.Robyn M. Gillies, Kim Nichols, Gilbert Burgh & Michele Haynes - 2013 - International Journal of Educational Research 63:127–140.
    Teaching children to ask and answer questions is critically important if they are to learn to talk and reason effectively together, particularly during inquiry-based science where they are required to investigate topics, consider alternative propositions and hypotheses, and problem-solve together to propose answers, explanations, and prediction to problems at hand. This study involved 108 students (53 boys and 55 girls) from seven, Year 7 teachers’ classrooms in five primary schools in Brisbane, Australia. Teachers were randomly allocated by school to one (...)
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  48. Nancy E. Snow.Should Drugs be Legal - 1994 - In Robert Paul Churchill, The Ethics of liberal democracy: morality and democracy in theory and practice. Providence, R.I., USA: Berg.
     
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  49.  19
    Law Society Seminars/Events.Continuing Legal Education - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  50.  27
    Mathematical Sense: Wittgenstein’s Syntactical Structuralism.Victor Rodych - 2008 - In Herbert Hrachovec & Alois Pichler, Wittgenstein and the Philosophy of Information: Proceedings of the 30th International Ludwig Wittgenstein-Symposium in Kirchberg, 2007. De Gruyter. pp. 81-104.
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